Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - Declaration made by Court u/s 12-A of the Act was mandatory and that any suit instituted violating mandate of S.12-A must be visited with rejection..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Proclaimed offenders - Mere fact that respondents being declared as proclaimed offenders, appearance and examination through video conferencing would not bar criminal proceedings as per criminal law - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Respondent Nos.2 and 3 are residents of Canada - Respondent No.2 is presently in vegetative state and respondent No.3 being his son is to take care of his father - It is not practically possible for both of them to come physically in India for their..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Questions involved in the appeal are pure questions of facts based on appraisal of evidence available on record - No substantial question of law is involved in appeal - Second appeal dismissed...........
Hindu Succession Act, 1956, Section 2 -- Scheduled Tribes - Applicability of the Act - Hindu Succession Act not applicable to Scheduled Tribes - No such direction therefore can be issued by High Court in view of provision of S.2 of the Act, particularly when the issue was neither directly nor substantially involved in intra party appeal arising out of judgment and decree..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Considering plaint pleadings it cannot be said that period of limitation is a pure question of law - It is a mixed question of law and fact which cannot be considered for rejection of plaint barred by law - It requires evidence and proof during trial - Order of rejection of plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When there was a specific averment in plaint with respect to suit being within limitation from the date of knowledge, it was not a case for rejection of plaint U.O.7.R.11 CPC at the stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this stage only plaint averments are to be considered and are to be taken as true and correct on their face value...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Question of second suit whether barred by law U.O.2.R.2 CPC, cannot be decided U.O.7.R.11 CPC at the preliminary stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected U.O.7.R.11 CPC at the stage of registration neither on the ground of barred by limitation nor on ground of no cause of action...........
